Federal Courts
Feature
Protecting Fair and Impartial Courts: Reflections on Judicial Independence
Vol. 104 No. 2 (2020) | Coping with COVIDI speak today about the importance of fair and impartial courts and the role of judicial independence in achieving that goal. I begin with two stories. Some years ago, my […]
Feature
Experts in the Hot Tub at the Court of Arbitration for Sport
by Doriane L. Coleman and Jonathan Taylor
Vol. 104 No. 2 (2020) | Coping with COVIDThe Games of the XXXII Olympiad (Tokyo 2020) have been postponed to 2021 as a result of the novel coronavirus, but litigation at the Court of Arbitration for Sport (CAS) […]
Feature
Better by the Dozen: Bringing Back the Twelve-Person Civil Jury
by Steven S. Gensler, Patrick Higginbotham and Lee Rosenthal
Vol. 104 No. 2 (2020) | Coping with COVIDA jury of 12 resonates through the centuries. Twelve-person juries were a fixture from at least the 14th century until the 1970s. Over 600 years of history is a powerful […]
In Conversation
Coping with COVID: Continuity and Change in the Courts
by David F. Levi, Mark Drummond, Samuel A. Thumma, Sherri Carter, Karen Caldwell, Robin L. Rosenberg and Vaughn Walker
Vol. 104 No. 2 (2020) | Coping with COVIDBy now, our courts, state and federal, have adapted much of their work to digital platforms. But some procedures or litigation events do not easily or obviously translate to the […]
Feature
Judicial Review & Parliamentary Supremacy
Vol. 104 No. 1 (2020) | A Clearer ViewThe American version of judicial review stands alone — and almost never stood at all If Chief Justice John Marshall could have been transported on Dr. Who’s “Tardis” back to […]
Feature
Communication Breakdown: How Courts Do — and Don’t — Respond to Statutory Overrides
Vol. 104 No. 1 (2020) | A Clearer ViewCourts and Congress are, at times, engaged in a kind of ongoing “conversation” about statutory law. Congress has exclusive power to enact statutes — but when statutory language is unclear, […]
Feature
The Negotiation Class
by Elizabeth Burch, William Rubenstein and Francis McGovern
Vol. 104 No. 1 (2020) | A Clearer ViewGrowing dockets have long been the mother of judicial invention. In 1968, Congress created the Judicial Panel on Multidistrict Litigation and authorized it to create multidistrict litigations (or MDLs) to […]
Point/Counterpoint
Getting Hotter: Climate Change in the Courts
by James Huffman and Gerald Torres
Vol. 104 No. 1 (2020) | A Clearer ViewPOINT / COUNTERPOINT Climate change has taken center stage politically and socially. As fires raged in Australia, glaciers continued a steady melt, and the winter of 2020 tracked to become […]
Feature
Judging Eyewitness Evidence
Vol. 104 No. 1 (2020) | A Clearer ViewEyewitness evidence, in which a witness visually identifies the culprit, is a staple of criminal investigations. But its fallibility is notorious. As the National Academy of Sciences explained in an […]
Feature
Distinguishing Between Reliable and Unreliable Eyewitnesses
Vol. 104 No. 1 (2020) | A Clearer ViewIncreasing research shows that eyewitness confidence at the time of the initial identification can be a strong predictor of accuracy under appropriate lineup identification conditions.1 In such conditions, police show […]